Gujarat High Court
Dharmik Bhagubhai Patel vs State Of Gujarat on 9 September, 2025
NEUTRAL CITATION
R/SCR.A/1937/2015 ORDER DATED: 09/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1937 of 2015
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DHARMIK BHAGUBHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JV JAPEE(358) for the Applicant(s) No. 1,2,3,4,5,6,7
MR HARDIK H DAVE(6295) for the Respondent(s) No. 2
MR. CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/09/2025
ORAL ORDER
1. By way of the present petition, petitioners have prayed for the following reliefs :-
"a) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction and be pleased to exercise the inherent powers u/s 482 of Criminal Procedure Code to quash and set aside the proceedings of the Criminal Case No. 1474/2014 pending before the Ld. 3rd Additional Chief Judicial Magistrate, Himatnagar arising out of Criminal Complaint vide C.R. No.II-3006/2014 of Mahila Police Station, Himatnagar u/s 498(a), 323, 504, 506(2) and Sec.114 of Indian Penal Code and Sec.3 & 7 of Dowry Prohibition Act.
b) YOUR LORDSHIPS be pleased to stay the further proceedings of the Criminal Case No. 1474/2014 pending before the Ld. 3rd Additional Chief Judicial Magistrate, Himatnagar arising out of Criminal Complaint vide C.R. No.II-3006/2014 of Mahila Police Station, Himatnagar pending admission, hearing and final disposal of this petition."Page 1 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025
NEUTRAL CITATION R/SCR.A/1937/2015 ORDER DATED: 09/09/2025 undefined BRIEF FACTS OF THE CASE:-
2. Shorn of unnecessary details, the complainant, Dhamishthaben was married on 20.02.2003 to one Bhugbhai Patel as per customary rites. It is her case that soon after marriage, she was subjected to persistent harassment and cruelty at the hands of her husband and in- laws on account of not bearing a child for the initial years of marriage and also on the alleged pretext of insufficient dowry. She alleges that her mother-in-law Tanumatiben, father-in-law Bhagubhai, and other family members taunted, abused, and assaulted her repeatedly, pressurizing her to bring an amount of ₹2,00,000 from her parental home. She further avers that after the birth of her son Viren in 2011, the harassment did not abate, and threats of being set ablaze were also extended in the event of non-fulfilment of their monetary demands.
2.1. It is further alleged that on 25.05.2013, the complainant was assaulted by her husband and in-laws, deprived of essential necessities including her infant child's milk, and forcibly dispossessed of her belongings. She claims that despite her endurance and attempts to salvage matrimonial harmony, she was repeatedly thrown out of the matrimonial home. According to her, her in-laws, who frequently travel abroad, particularly to America, continue to evade accountability while persisting in harassment and cruelty. On these allegations of physical and mental cruelty, dowry demands, threats, and misappropriation of her stridhan, the present complaint came to be lodged.
SUBMISSION OF THE PRESENT PETITIONER:-
3. Learned advocate for the petitioners, assailing the maintainability of the impugned FIR, submitted that the allegations Page 2 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025 NEUTRAL CITATION R/SCR.A/1937/2015 ORDER DATED: 09/09/2025 undefined levelled therein are omnibus and general in nature, reflecting nothing beyond the ordinary wear and tear of matrimonial life. It is further contended that the FIR, invoking Section 498A of the IPC along with other ancillary provisions, has been lodged after an inordinate lapse of 11 years from the date of marriage, which itself militates against its credibility.
3.1. It is further urged that a plain reading of the FIR reveals that the same has been instituted with a malicious intent and an oblique motive, namely, to obstruct the father-in-law and mother-in-law from returning to the United States of America. Such conduct, it is argued, clearly demonstrates mala fides and amounts to an abuse of the process of law.
3.2. Learned advocate for the petitioners has further drawn attention to certain photographs and to the thesis submitted by the complainant before Hemchandracharya North Gujarat University, which, according to him, unmistakably indicate that the marital relationship between the husband and wife was, by and large, harmonious, and devoid of discord at the material time. It is also submitted that a written compromise was arrived at between the husband and wife, wherein the husband agreed not to compel the complainant to reside with his parents and undertook to live separately, which fortifies the contention that the allegations in the FIR are contrived.
3.3. From the aforesaid materials, learned advocate for the petitioners vehemently contends that the FIR has been wielded as a weapon of harassment against the husband and his family members by hurling vague, sweeping, and unsubstantiated accusations. Ergo, Page 3 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025 NEUTRAL CITATION R/SCR.A/1937/2015 ORDER DATED: 09/09/2025 undefined it is prayed that the petition deserves to be allowed and the impugned FIR quashed in the interest of justice.
SUBMISSION OF THE RESPONDENTS:-
4. Learned advocate for the private respondent has submitted that the complainant was subjected to persistent ill-treatment not only at the hands of her husband but also at the instance of her in-laws. It is further urged that as the complainant was unable to conceive a child, she was repeatedly taunted and abused on that count, thereby aggravating her suffering.
4.1. It is further pointed out that the investigation has already culminated in the filing of a charge-sheet before the learned Trial Court and that the matter presently rests at the stage of framing of charge. In such circumstances, it is contended that the submissions canvassed on behalf of the petitioners pertain to matters of appreciation of evidence, which can be effectively examined and adjudicated upon during the course of trial. At this interlocutory stage, however, it is urged that the FIR, having disclosed a prima facie case, cannot be quashed in exercise of inherent jurisdiction. Accordingly, it is prayed that the present petition be dismissed.
5. Learned APP for the State has adopted the submissions advanced by the learned advocate for the private respondent and has, in consonance therewith, requested this Court to pass appropriate orders.
FINDINGS, ANALYSIS AND CONCLUSION OF THE COURT:-
6. Having heard the learned advocates appearing for both sides Page 4 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025 NEUTRAL CITATION R/SCR.A/1937/2015 ORDER DATED: 09/09/2025 undefined and upon perusal of the record, it emerges that at Exhibit-56 in Criminal Case No.1474 of 2014, the learned 3rd Additional Chief Judicial Magistrate, Himatnagar, vide order dated 16.04.2014, was pleased to frame charge against all the accused persons for the offences punishable under Sections 498A, 323, 504, 506(2) and 114 of the Indian Penal Code, read with Sections 3 and 7 of the Dowry Prohibition Act.
6.1. The present petition has been instituted under Section 482 of the Code of Criminal Procedure, 1973, wherein this Court undoubtedly may exercises its inherent jurisdiction to quash the FIR as well as the consequential proceedings arising therefrom, wherever continuation thereof would amount to abuse of the process of law or result in miscarriage of justice.
6.2. On a plain reading of the FIR, however, it prima facie discloses allegations of a serious nature against the petitioners. It is specifically alleged that the complainant was subjected to harassment and cruelty on account of her inability to conceive, and that she was meted with indignities and taunts on that score. The FIR further attributes to the petitioners specific utterances of opprobrious words directed at the complainant, which, if proved, would attract the rigours of the penal provisions invoked therein. Relevant portion is as under:-
"I started working as a teacher. During the first two and a half years of my married life, I did not have any children. My mother-in-law, Tanumatiben, my father-in-law, Bhagubhai, my devar Miteshbhai, my derani Nishaben, and my nanand Sweetina used to taunt me by saying that since there were no children in the house, I was useless and a Page 5 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025 NEUTRAL CITATION R/SCR.A/1937/2015 ORDER DATED: 09/09/2025 undefined vagabond. My mother-in-law and sister-in-law often cursed me, saying that they did not want to keep me in the family and that I should leave my husband. My mother-in-law further subjected me to harassment and beatings without any reason, and even pressurised me to get engaged to my uncle's son, Jagdishbhai."
6.3. At this juncture, it would be apposite to advert to the provisions of Section 498A of the Indian Penal Code, which read as under:-
"Section 498A - Husband or relative of husband of a woman subjecting her to cruelty:-
"Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."
Explanation.-- For the purpose of this section, "cruelty" means--
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or"
7. The complainant, as revealed from the record, has been subjected to harassment to the aforesaid extent. It emerges that, owing to her inability to conceive a child, she was repeatedly taunted and blamed. Other allegations are also levelled with specificity of date and time, and the various statements recorded during the course of investigation, annexed with the charge-sheet papers, prima facie Page 6 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025 NEUTRAL CITATION R/SCR.A/1937/2015 ORDER DATED: 09/09/2025 undefined establish a case against the petitioners. It further transpires that the learned Trial Court has found sufficient material to frame charges and put the petitioners to trial.
7.1. In the aforesaid circumstances, this Court finds no justification to entertain the present petition. The material on record clearly demonstrates that the complainant was frequently rebuked for not bearing a child. It is a matter of judicial notice that infertility, even in contemporary times, continues to be perceived as a significant social taboo in many cultures. Without any scientific or medical basis, imputing blame upon a woman for childlessness, not only exerts unwarranted social pressure but also engenders serious domestic discord.
7.2. Such persistent imputations inevitably generate a sense of shame and secrecy, thereby exacerbating the emotional trauma borne by the victim. They often culminate in social isolation, deterioration of mental health, and the stigma of being ostracised. The cumulative effect may contribute to heightened anxiety, depression, and a grievous erosion of self-esteem.
7.3. Having regard to the totality of allegations, which are neither vague nor bereft of particulars, this Court is of the considered opinion that the accusations are substantial enough to warrant a full- fledged trial. At this stage, without delving into the merits of the evidence, it is sufficient to observe that the allegations, if proved, would constitute cruelty and harassment within the meaning of Section 498A of the Indian Penal Code. Ergo, no case for quashing the proceedings is made out.
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8. It would be apposite to refer the judgment rendered by the Hon'ble Apex Court in the case of State of Haryana v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, wherein, in Paragraph 103, it is held as under:-
"103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be iustified in embarkina udon an enauirv as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice."
9. In view of the foregoing discussion and upon a holistic appraisal of the material on record, this Court is of the considered view that the allegations, taken at their face value, do disclose the commission of cognizable offences and warrant a trial on merits. The petitioners have failed to demonstrate any of the well- recognised parameters justifying exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Ergo, this Court finds no ground to quash the impugned proceedings. Consequently, the present petition stands DISMISSED. Interim relief, if any, shall stand vacated.
(J. C. DOSHI,J) MANISH MISHRA Page 8 of 8 Uploaded by MANISH MISHRA(HC01776) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:56:54 IST 2025